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Keyword: plcaa

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  • Biden judge delivers gun industry huge win in New Jersey

    01/31/2023 12:27:42 PM PST · by Red Badger · 23 replies
    Washington Examiner ^ | by Paul Bedard, Washington Secrets Columnist | January 31, 2023 01:49 PM
    A federal judge in New Jersey on Tuesday iced a new law celebrated by liberals that would allow the state to shut down, and likely bankrupt, the firearms industry if a single gun were misused in a crime. U.S. District Court Judge Zahid Quraishi, a Biden appointee, said that he agreed with the gun industry that the New Jersey law was likely unconstitutional and granted the National Shooting Sports Foundation a preliminary injunction. The judge, in a 20-page opinion, said that the New Jersey law signed last summer by Gov. Phil Murphy ignored a larger federal law that protects the...
  • Associated Press: Joe Biden’s Claim About Gun Maker Immunity Is ‘False’

    03/02/2022 12:06:50 PM PST · by Red Badger · 22 replies
    https://www.breitbart.com ^ | March 2nd 2022 | AWR HAWKINS
    The Associated Press fact checked President Joe Biden’s State of the Union claim that gun makers enjoy immunity from lawsuits and found it “false.” The AP noted that Biden claim that there is a “liability shield that makes gun manufacturers the only industry in America that can’t be sued, the only one.” After checking on the validity of Biden’s statement, the AP retorted: “That’s false. While gun manufacturers do have legal protections from being held liable for injuries caused by criminal misuse of their weapons thanks to the 2005 Protection of Lawful Commerce in Arms Act, they are not exempt...
  • NSSF Sues New York AG for Violation of Constitution, PLCAA, and Due Process

    01/10/2022 3:05:22 AM PST · by marktwain · 1 replies
    AmmoLand ^ | January 5, 2022 | Dean Weingarten
    On July 6, 2021, New York Governor Andrew Cuomo signed SB 7196 into law. The law is specifically designed to overrule the federal Protection of Lawful Commerce in Arms Act (PLCAA). On December 16, 2021, the National Shooting Sports Foundation (NSSF) and 14 additional plaintiffs (including, I am glad to say, a local gun store, Sprague’s of Yuma, Arizona) sued the Attorney General of New York, Letitia James, to stop implementation of the law, designed to violate the Constitutional rights of all Americans. From the lawsuit:1. This lawsuit challenges the constitutionality of a New York statute that was enacted with...
  • Nevada Supreme Court Stops Lawsuit Against Gun Manufacturers

    12/24/2021 5:41:20 AM PST · by marktwain · 28 replies
    AmmoLand ^ | December 21, 2021 | Dean Weingarten
    The Nevada Supreme Court recently issued a ruling upholding the immunity of firearm and ammunition makers from civil lawsuits, when their products are used criminally, under Nevada law. The lawsuit stems from the criminal mass murder perpetrated in Las Vegas on October 1, 2017. Many people are desperate to blame the instruments of crime for the crime. There are deep pockets to consider. Gun manufacturers have significant assets. Dead criminals do not.Gun Makers Don’t Pull TriggersA Federal statute The Protection of Legal Commerce in Arms Act (PLCAA), protects manufacturers, distributors, and retailers on the federal side.Nevada has a separate state...
  • BIDEN ORDERS ANTI GUN STATES TO SHUTDOWN GUN MANUFACTURERS BY SUING THEM!!!

    08/16/2021 4:49:32 AM PDT · by Texas Fossil · 23 replies
    You Tube ^ | August 9, 2021 | Armed Scholar
    In this video I discuss a meeting held between the Biden administration and 7 states and their attorneys general. The discussion surrounded how the states may be able to sue gun manufacturers despite the PLCAA. Legal Disclaimer: This content is not intended to provide any legal guidance or advice. Although I am a licensed attorney I am not providing any legal advice through this video. If you have any legal questions please contact a licensed professional in your area to address your specific issues.
  • Here's What's At Stake If Smith and Wesson Loses Its Case Against New Jersey

    05/18/2021 6:02:29 AM PDT · by Hostage · 23 replies
    Townhall ^ | May 17, 2021 | Matt Vespa
    The Protection of Lawful Commerce in Arms Act (PLCAA) has long protected the gun industry from abusive lawsuits that the anti-gun Left would file if they could. No gunmaker can be sued for mass shootings or anything where their products were unknowingly and unwillingly used in a crime. It must be something serious that knowingly selling to FFLs that did business with straw purchasers or worse, sold guns with issues, like defective safeties, and did nothing about it. These are legitimate legal points from which to file a lawsuit. Suing a gun maker simply because you hate the Second...
  • Glock wins (and Biden loses) in major liability suit

    05/07/2021 7:41:37 PM PDT · by White Lives Matter · 20 replies
    Washington Examiner ^ | May 7, 2021 | Paul Bedard
    God didn’t deliver for President Joe Biden, who recently begged “the Lord” to help him erase the congressionally approved immunity that gun-makers have from lawsuits. In a little-noticed decision with a major impact on the firearms industry, a federal judge in Arizona has ruled in favor of pistol manufacturer Glock and dismissed a suit brought by the Brady Campaign to Prevent Gun Violence on behalf of a man who was accidentally shot and paralyzed. U.S. District Court Judge Susan Brnovich upheld liability immunity granted in the Protection of Lawful Commerce in Arms Act passed in 2005 to block gun-makers from...
  • Biden Sets His Sights on Destroying the Gun Industry

    05/07/2021 4:10:13 AM PDT · by Kaslin · 15 replies
    Townhall.com ^ | May 7, 2021 | Gabriella Hoffman
    resident Joe Biden has the firearms industry in his crosshairs. During his Rose Garden address last month, Biden reaffirmed his support for repealing the Protection of Lawful Commerce in Arms Act (PLCCA) of 2005. “This is the only outfit that is exempt from being sued. If I get one thing on my list — (if) the Lord came down and said, 'Joe, you get one of these' — give me that one," Biden said. "Most people don’t realize, the only industry in America, billion-dollar industry, that can’t be sued, exempt from being sued, are gun manufacturers.” Biden’s hostility to this...
  • Now Congress Comes After Firearms Manufacturers

    04/28/2021 8:13:13 AM PDT · by PROCON · 33 replies
    americas1stfreedom.org ^ | April 27, 2021 | Garrett O’Leary
    President Joe Biden has frequently made clear his intent to repeal the Protection of Lawful Commerce in Arms Act (PLCAA), and now it seems some members of Congress are looking to follow suit.Rep. Adam Schiff (D-Calif.) reintroduced H.B. 2814, a bill designed to achieve Biden’s goal of eliminating the PLCAA. The last version of the bill was titled the “Equal Access to Justice for Victims of Gun Violence Act.”Speaking in 2019 about the bill’s previous iteration, Schiff said, “The gun industry should not enjoy special privileges and protections. … This bill would pierce the gun industry’s liability shield by putting...
  • Joe Biden Wants To Sue The Gun Industry Out Of Business

    04/14/2021 6:39:42 AM PDT · by Onthebrink · 23 replies
    19FortyFive ^ | 4/14/2021 | Peter Suciu
    Biden’s calls to overturn the PLCAA would be a way to sue firearms makers into bankruptcy. “He wants to drive us out of business,” Mark Oliva, the director of public affairs for the National Shooting Sports Foundation, the firearms industry trade group, told NBC News. “So it’s a very scary proposition, and we take it very seriously.”
  • If You Think the Ammo Shortage is Bad, Consider This

    03/19/2021 11:01:06 AM PDT · by PROCON · 103 replies
    americas1stfreedom.org ^ | March 15, 2021 | Brian McCombie
    Ammunition companies have not been able to keep up with consumer demand. There are many reasons for this. In 2020, over eight million Americans bought their first gun. These people now need ammo. Others are stockpiling. It’s hard to blame them, as we now have President Joe Biden (D), Speaker of the House Nancy Pelosi (D-Calif.), and U.S. Senate Majority Leader Chuck Schumer (D-N.Y.) all saying they want to pass new gun-control laws.But if you think the shortage is bad now, just imagine if these politicians got one more thing they want: a repeal of the Protection of Lawful Commerce...
  • Pennsylvania Appeals Court Finds Life in 10th Amendment to Declare PLCAA Void

    10/10/2020 5:43:10 AM PDT · by marktwain · 21 replies
    AmmoLand ^ | 7 October, 2020 | Dean Weingarten
    U.S.A. –-(AmmoLand.com)- On 20 March 2016, 32-year-old Joshua Hudec of Mount Pleasant, left his three children and house in the hands of an 18-year-old babysitter. The babysitter apparently left 13-year-old James Gustavson and 14-year-old John Bunsworth in the home. In the home was a Springfield XD pistol. The babysitter is said to have asked Bunsworth to point the pistol at Gustavson in order to scare Gustavson into leaving. Bunsworth fired the pistol, killing Gustavson. He later claimed the magazine was removed from the pistol, so he thought it was unable to fire, and he did not mean to fire it....
  • Lawsuit in Missouri Against Academy Sports for Selling Ammunition

    05/25/2020 6:20:31 AM PDT · by marktwain · 38 replies
    AmmoLand ^ | 23 May, 2020 | Dean Weingarten
    On 1 May, 2020, Attorney Craig Heidemann filed a lawsuit against Academy Sports, contending they contributed to the unlawful death of Aaron “Josh” Hampton, who was one of the roommates of Luis Perez. Perez is an illegal immigrant accused of murdering three people including Hampton, another “roommate” and a woman, Sabrina Starr. Starr is said to have supplied Perez with the gun, while another woman, Nyadia Burden, is accused of purchasing the ammunition for Perez. From AP via kmbc.com: The lawsuit alleges a worker at Academy Sports in Springfield should have realized the woman who bought the bullets, Nyadia Burden,...
  • Supreme Court Will not Hear Appeal of CT case to Protect Firearms Manufacturers

    11/17/2019 7:55:54 AM PST · by marktwain · 29 replies
    AmmoLand ^ | 13 November, 2019 | Dean Weingarten
    On 12 November, 2019, the Supreme Court refused to hear the appeal of Remington Arms Company to a Connecticut Supreme Court decision. The Connecticut Supreme Court ruled a lawsuit against Remington could proceed, under an exception the Protection of Legal Commerce in Arms Act (PLCAA). This is a serious threat to the Second Amendment. If a firearms manufacturer can be sued, simply for selling legal products, most manufacturers can be destroyed by lawsuits funded by governmental organizations.Protection of Legal Commerce in Arms Act (PLCAA) The purpose of the PLCAA was to prevent these types of lawsuits. Here are the purposes...
  • Joe Biden: Time to Sue Gun Manufacturers

    10/05/2019 1:59:46 PM PDT · by PROCON · 53 replies
    breitbart.com ^ | Oct. 5, 2019 | AWR Hawkins
    During the MSNBC / Gabby Giffords / March for Our Lives gun control forum in Las Vegas, Democrat presidential hopeful Joe Biden contended that it is time to use lawsuits to rein in gun manufacturers. Biden stressed that if he were granted a “wish list” for gun control, the first thing he would do is repeal the Protection of Lawful Commerce in Arms Act (2005). That Act protects gun manufacturers from lawsuits tied to firearms that were legally manufactured and legally sold. He said, “No other outfit in history has gotten this kind of protection,” and he claimed the suits...
  • Remington Asks US Supreme Court To Hear Sandy Hook Liability Case

    08/02/2019 11:01:31 AM PDT · by rktman · 9 replies
    dailycaller.com ^ | 8/2/2019 | Whitney Tipton
    The maker of the gun used in the Sandy Hook, Connecticut, school shooting asked the U.S. Supreme Court Thursday to hear an appeal of a state ruling that revived a wrongful death suit against the company. Remington Arms asked the nation’s highest court to hear an appeal of a March Connecticut Supreme Court ruling that reinstated a lawsuit against it over marketing messaging for the Bushmaster rifle that gunman Adam Lanza used in the 2012 shooting, Reuters reported. Remington has argued it is protected by the 2005 Protection of Lawful Commerce in Arms Act (PLCAA), which prohibits civil actions against...
  • Supreme Court Should Hear the Remington Appeal in the PLCAA case

    06/10/2019 1:49:09 PM PDT · by marktwain · 4 replies
    Ammoland ^ | 7 June, 2019 | Dean Weingarten
    The Supreme Court should agree to hear the appeal of Remington against the Connecticut Supreme Court in their PLCAA decision. The Connecticut Supreme Court, in a narrow 4-3 decision, ruled a civil case against Remington could go forward in spite of protections by the Protection of Legal Commerce in Arms Act (PLCAA) .On May 3rd, 2019, the Connecticut Supreme Court granted a stay to the defendants while they appealed the case to the Supreme Court. Congress explicitly forbid such lawsuits with the Protection of Legal Commerce in Arms Act .The four judges in the Connecticut Supreme Court ruled the case...
  • Attempted Undermining of Lawful Commerce in Arms Act ~ Williams v. Beemiller

    05/14/2019 1:26:11 PM PDT · by marktwain · 14 replies
    Ammoland ^ | 12 May, 2019 | Dean Weingarten
    The New York Supreme Court recently ruled that a man shot by a gang member did not have standing to sue the retailer that legally sold the gun.  The court has been winding its tortuous way through the process for over a decade. Williams was shot in 2005. Williams v. Beemiller is about injuries sustained from an assault committed by a New York High School gang on an innocent bystander, who was mistaken for a member of an opposition gang. Daniel Williams was shot and injured. High school gang members do not have lots of assets.The Brady Center to...
  • Suit Against Gunmakers, for Criminal's actions at Sandy Hook, Dismissed

    10/21/2016 1:52:07 PM PDT · by marktwain · 6 replies
    Gun Watch ^ | 15 October, 2016 | Dean Weingarten
    Attorney Josh Koskoff Judge Barbara Bellis struck down the lawsuit filed by attorney Josh Koskoff, representing some of the families of the victims of Adam Lanza's attack at the Sand Hook School in Connecticut. The lawsuit was fired against gun manufacturers. The Judge cited the PLCAA, Protection of Lawful Commerce in Arms Act, that forbids lawsuits of gun manufacturers, distributors, or sellers of lawful products that operate as they are designed to. The purposes of the PLCAA are to expressly to prevent this sort of lawsuit, so as to insure that citizens shall have access to such firearms. From...
  • MA: AG Healy Continues Anti-Second Amendment Lawfare

    09/10/2016 7:25:30 AM PDT · by marktwain · 9 replies
    ammoland ^ | 9 September, 2016 | Dean Weingarten
    Massachusetts’ controversial Attorney General, Maura Healy, who was elected last year, is being sued by two prominent and popular gun manufacturers, Remington and Glock.  They contend that Healy is using the power of her office to harass them. From bostonglobe.com: Both Remington and Glock have sued Healey in Suffolk Superior Court, arguing that she is abusing her authority by casting a broad net for documents, including those related to accidental discharges, past lawsuits, legal settlements, and product recalls. Glock Inc.’s lawsuit asks the court to quash Healey’s inquiry.The company, based in Smyrna, Ga., points to statements Healey has made...